Opinion
2:22-cv-130-SPC-KCD
07-21-2023
UNITED STATES FIRE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. FINEMARK NATIONAL BANK & TRUST, Defendant.
ORDER
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.
This case comes before the Court on sua sponte review. On June 17, 2023, Defendant filed a Motion for Partial Summary Judgment as to Counts I, II, and III of Plaintiff's Third Amended Complaint. (Doc. 59). That same day, Defendant filed a second Motion for Partial Summary Judgment as to Counts IV, V, and VI of Plaintiff's Third Amended Complaint. (Doc. 65).
The Court's Case Management and Scheduling Order explicitly states, “Only one motion for summary judgment may be filed by a party, absent leave of Court.” (Doc. 26 at Pg. 4). Further, Defendant's Motions for Summary Judgment were filed well in advance of the mediation and dispositive motion deadlines. The Court wishes to hear from the parties on the status of this case before addressing the issues raised by Defendant's Motions.
Recognizing this, Defendant's Motion for Leave to File Separate Motions for Summary Judgment (Doc. 67) is currently pending, although it filed a second Motion for Summary Judgment without waiting for the Court to grant leave.
Accordingly, it is now
ORDERED:
1. Defendant's Motion for Partial Summary Judgment as to Counts I, II, and III of Plaintiff's Third Amended Complaint (Doc. 59) is DENIED without prejudice.
2. Defendant's Motion for Partial Summary Judgment as to Counts IV, V, and VI of Plaintiff's Third Amended Complaint (Doc. 65) is DENIED without prejudice.
3. The Court will hold a status conference with the parties over Zoom on July 24, 2023, at 2:15 p.m. Participants will receive instructions for joining the hearing by separate notice.
DONE and ORDERED.